The fight against illegal gambling is being intensified in Brazil, with the Prizes and Betting Secretariat blocking thousands of irregular platforms. However, gaming experts Waldir Marques and Amilton Noble address another aspect of this mobilization: holding bettors accountable for joining these parallel websites.
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Amid a crusade against illegal gambling, the Brazilian government has already taken down more than 23,000 illegal websites, according to official data from the Secretariat of Prizes and Betting (SPA). Technological blockades, actions against providers, and payment tracking constitute the largest offensive ever seen in the sector.
But while the country tries to crack down on illegal operators, an uncomfortable question remains far from the center of the debate: why does the gambler who chooses the illegal option continue to get away with it?
The legal answer is straightforward, and it surprises many people: he’s getting away with it, but he shouldn’t be.
The law already provides for fines for those who gamble on unauthorized platforms. And this is not a new development.
Betting on illegal websites is a criminal offense. It’s written in the law.
Despite the simplistic discourse that “the gambler is a victim,” Brazilian legislation is explicit. Law 13.155/2015, which regulated LOTEX, amended article 50 of the Law on Criminal Offenses and introduced an innovation:
(Art. 50, §2º) “Anyone who participates in illegal gambling, including via the internet, is subject to a fine of R$ 2,000 to R$ 200,000.”
I.e:
- Gamblers who choose illegal sites are liable to punishment;
- Digital participation in illegal gambling has been punishable by fine since 2015;
- The fine for a bettor who chooses the illegal option can reach R$ 200,000.
In 2025, with advanced search engines, widespread use of artificial intelligence, and regulatory transparency, claiming ignorance is no longer acceptable.
Legalized means legal. Illegal means a crime. This applies to both the operator and the bettor.
Since Decree-Law 204/1967, the State has made it clear that lotteries and authorized modalities have an exceptional legal nature, outside the realm of criminal law. In other words:
- Authorized modalities → are not a misdemeanor.
- Any unauthorized transaction remains gambling and is therefore illegal.
Laws 13.756/2018 and 14.790/2023 reinforced this view by classifying fixed-odds betting as a lottery modality, subject to federal or state authorization.
Result: Illegal operators are criminally liable. Gamblers who choose illegal operators are also liable, according to a law that has been in place in Brazil for over 10 years.
The rule has been in place for over ten years, but the country has never applied it, whether due to ignorance or sheer tolerance. Given this history, the question arises: isn’t it time to finally start complying with and enforcing what is already in place?
The gambler’s choice finances a criminal ecosystem.
The gambler who opts for the black market is not a neutral observer and is far from being considered a victim, because he:
- It fuels money laundering schemes;
- It strengthens those who evade taxes;
- It weakens sports and public policies funded by the regulated sector;
- It harms licensed companies that follow strict rules;
- It exposes personal data;
- It hinders job creation in Brazil;
- Furthermore, he risks paying a fine of up to R$ 200,000.
In other words, those who gamble on illegal activities help keep alive the very problem that the country is trying to combat.
Consumer impunity is the shield of illegal activity.
If the illegal market thrives, it’s because there’s demand, and that demand comes from gamblers who, often for their own convenience, seek:
- Websites without KYC or verification of registration accuracy;
- Payment in crypto to avoid identification;
- Platforms that only ask for email or phone number;
- Not paying income tax on prize money won;
- Higher odds are offered by those who don’t pay taxes and don’t have the costs of a regulated operation.
And yes, in all these cases, the gambler is committing an illegal act.
The law is clear. The boundary is evident. The risk is real.
Has the time come to hold accountable those who choose the wrong side?
Holding bettors accountable isn’t persecution, it’s legal consistency. The consumer is the main driver of demand. If they choose the legal option, the illegal one dries up. There are ways to identify bets on illegal platforms, among others. The use of PIX (Brazil’s instant payment system) directed at unregulated operators is proof of the illegality.
This is not about advocating punishment for punishment’s sake, but about establishing warning signs for bettors who continue to fuel the illegal market. It is necessary to create unequivocal signals of legal non-compliance, with direct warnings about the consequences of their choices and, in case of recidivism, to apply gradually—and, when necessary, mercilessly—the measures provided for by law, proportional to the recurrence and persistence in the illegal practice.
If he continues to finance illegal activities, the entire Brazilian regulatory structure loses strength, and the valorization of “wrongdoing” takes precedence over those who prefer to follow the law.
The message is simple: It’s a choice between the legal market or taking the risks. The rule is clear.
Conclusion: By 2025, the “I didn’t know” excuse is dead.
Betting is legal in Brazil, as long as it’s done on authorized platforms.
Today there are more than 80 licensed operators, in addition to state authorizations, and the viability of municipal licenses, which are being validated by the Supreme Federal Court (STF), is still under discussion.
The bettor has clear and safe options, therefore:
- There is a regulated market;
- There is a clear and easily identifiable legal distinction;
- There is punishment provided;
- There is a real financial risk for those who choose illegal means.
The era of impunity must come to an end.
And for those who insist on doing what is illegal, here is a final warning, direct, objective and without beating around the bush:
Did you bet on something illegal? The risk is yours.
And the fine can reach R$ 200,000.
Waldir Marques is a gaming specialist, Regulatory Consultant, former CEO of Caixa Loterias, and former Undersecretary of Regulation at the Ministry of Treasury.
Amilton Noble is a specialist in Games and Lotteries and has been working in the market for over 30 years, having created several lottery, capitalization and promotional products, in addition to providing consulting services to various companies in the sector.
